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HomeMy WebLinkAboutresolution.council.038-00 RESOLUTION//38 (Series of 2000) A RESOLUTION APPROVING A CONTRACT BETWEEN THE CITY OF ASPEN, COLORADO, AND DURRANT ARCHITECTS SETTING FORTH THE TERMS AND CONDITIONS REGARDING AMENDMENTS TO THE ORIGINAL CONTRACT PROJECT #98-020 ISELIN POOL/ICE AND AUTHORIZING THE CITY MANAGER TO EXECUTE SAID CONTRACT WHEREAS, there has been submitted to the City Council a contract between the City of Aspen, Colorado, and Durrant Architects a copy of which contract is annexed hereto and made a part thereof. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO: Section 1 That the City Council of the city of Aspen hereby approves that contract between the City of Aspen, Colorado, and Durrant Architecms regarding amendments to the original contract project 98-020 for the Iselin Pool/Ice Facility, a copy of which is annexed hereto and incorporated herein, and does hereby authorize the City Manager of the City of Aspen to execute said contract on behalf of the City of Aspen. Dated: ~ ~,q~ ~ ~ Rachel E~ Ric~s. ~vla.~or I, Kathryn S. Koch, duly appointed and acting City Clerk do certify that the foregoing is a true and accurate copy of that resolution adopted by the City Council of the city of Aspen, Colorado, at a meeting held ~ Katl~yn S. Koch, City Clerk AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT (Project No. 98-020) This Amendment to Professional Services Agreement is made and entered this ~,~-, day of ~'q~cc~ by and between the City of Aspen ("City") and Durrant Architects ("Architect"). WHEREAS, the City and Architect entered into that certain Agreement for Professional Services dated ,3kNV~O/:~"C ~ ~ ,2000; and NOW THEREFORE, in consideration of the mutual promises contained herein, and other valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties agree to Amend said Professional Services Agreement as follows: 1 Exhibit "A' which constitutes the Scope of Services is hereby amended by the addition of the following: Architect shall engage the services of Hagman Architects for the purpose of designing the envelop of the Iselin Pool/Ice facility and to oversee the esthetics of the building's interior and exterior spaces. Architect shall continue to be responsible for the technical components, structural aspects, and all floor plans and drawings associated with completion of the project. Architect shall also engage the services of Rock Creek Studios to be added to the Design team. Rock Creek Studios shall be responsible for the planning services including the formal submission and procedural aspects of obtaining City land use approvals for the project. This amendment is intended ro incorporate the understanding of the parties as set forth in a letter dated March 9, 2000, from Architect to Mr. Tim Anderson, appended hereto as Exhibit "1." 2. Section 3 of the Professional Services Agreement is hereby amended to read as follows: Payment. In consideration of the work performed, City shall pay Architect Six Hundred Twent~ Eight Thousand Five Hundred Seven Dollars ($628,507.00) in the event that all Phases are performed as requested by City. The City shall have the option of asking Architect m perform any number of Phases of the Project. Payment shall be based upon the Fee Proposal, for phases performed. The City shall notify Architect of phases it wishes to have performed via formal written Notices m proceed. Fees including any additional services or reimbursable expenses shall not exceed the following amounts of each given phase: Planning Phase: $114,507.00 Schematic Design Phase: $168,000.00 Design Development Phase: $130,000.00 Construction Document Phase: $202,000.00 Bidding ~tnd Negotiation Phase: $14,000.00 3_ 3. All other provisions of the Professional Services Agreement shall remain the saiTle, IN WITNESS WHEREOF, the parties hereto set their hands on the day and year above first written. Attest: CITY OF ASPEN City Clerk City Manager DURRANT ARCHITECTS Its: JPW- 03/16/2000-G: \ 2 ohn\word\a~r ~urrant - amend, doc March 9, 2000 Mr. Tim Anderson Recreation Director City of Aspen 130 South Galina Street Aspen, CO 81611 RE: Iselin Park Recreation Center Contract Amendment: Planning and Permitting Hagman Architects Reimbursable Expenses Dear Tim' You have asked us to reduce the cost of our proposal, dated February 20, 2000, concerning the anticipated additional costs relating to assisting the Aspen Recreation Department with the Land Use application, Planning and Zoning permit and additional interaction required with the public and the Aspen City Council for the above application and permit for the Iselin Ice/Pool Facility. 3773 Cherry Creek North Drive, Suite 1000 Denver, CO After consultation with Hagman $24,850 Rock Creek Studio 80209 Architects and Rock Creek ~ 3,728 Hagman Architects 303377-2900 Studio, our modified fee 828,578 Subtotal Fax: 303 377-o621 breakouts include the following: ~ 3,429 Durrant Architects vvww. durrant.com $32,007 Total We base this proposal on the assumption that there will be no required time, A Part of The Durrant Group Inc. effort or materials from anyone in the design team other than Hagman Architects and Rock Creek Studio, and Rock Creek Studio will be limited to a total of about Architecture 302 staff hours. Engineering Construction We understand the permitting and public input process in Aspen is now in a Management transition state, through which no major public project has yet been processed. Planning Interiors The time estimates that this proposal are based on are speculative. Therefore, we will invoice you on an actual time spent basis and will consider this proposal Dubuque, lA amount to be your not to exceed amount. Madison, WI Eau Claire, WI Hartland, Wl However, because of the public and political nature of these permits and Denver, CO applications, we are unable to guarantee the Iselin Ice/Pool facility will be Colorado Springs, CO Phoenix, AZ permitted. We will keep you informed about any impacts to this amendment fee Tucson, AZ amount, should the required work for the permitting process and input for this San Antonio, TX project significantly change. St. Charles, IL Vancouver, B.C. Sacramento, CA We also understand you have requested the role of Tim Hagman Architects and their interaction with the rest of the design team be formally defined through this letter. You, Mark Baker and Tim Hagman have agreed that the following responsibilities shall be assigned to Hagman Architects: Mr. Tim Anderson City of Aspen Iselin Park Contract Amendment March 9, 2000 Page 2 of 3 1. Program Phase: Assist the client and the design team to define the program. Attend meeting with user groups and client to achieve consensus on the program. Includes one full day of meeting with client, user groups, public and design team. 2. Schematic Design Phase: Assist the design of the exterior building elevations and massing in coordination with the client and design team. Define building exterior materials, elevations and colors. Assist in the design of the interior to provide continuity between the exterior architectural concept with the feel of the interior spaces. Primary responsibility for room layout design of Youth Center and Housing. Participate in design charetts and critiques. Assist in producing schematic design presentation drawings of the building elevations. Assist with the formal presentation of the design to the client and the public. 3. Design Development Phase: Timely review and comment on design development documents. Participate in local meetings. 4. Construction Documents Phase: Timely and thorough "redline" of one quality control set of architectural drawings and specifications at the end of construction documents phase. 5. Bidding Phase: No responsibilities during this phase. 6. Construction Administration Phase: Assist Durrant Denver to process submittals, answer and/or coordinate requests for information. Assist Durrant Denver to write and administer change orders. Formal site visits, observation reports and photographic documentation at construction administration once per week. Assist Durrant, Denver, with preparation of a punch list at substantial completion. 7. General: Coordinate design work with designs by the rest of the design team. Contact city officials to assist building code, land use, zoning, planning or other design issues. Provide assistance to the design team, client and the city for the purpose of permitting. The highest professional standards of conduct and cooperative teamwork are expected. Work on schedule. Notify the project manager prior to incurring additional expenses or charges, Perform to the satisfaction of the client and to the satisfaction of Durrant. We also take this opportunity to better define our expectations concerning reimbursable expenses. I crossed out, dated and initialed the deletion of the phrase on our Agreement For Professional Architectural Services that stated, ~Fees including any additional services or reimbursable expenses shall not exceed the following amounts for each phase:" In our first review of the draft, this phrase was crossed out because our proposal fees did not include reimbursables and we expect reasonable project expenses to be reimbursed. This crossed out phrase, to our surprise, was left intact in the agreement version submitted to Mayor Richards for signature. Mr. Tim Anderson City of Aspen Iselin Park Contract Amendment March 9, 2000 Page 3 of 3 The "City of Aspen Standard Terms and Conditions for Professional Services" are incorporated by reference into our agreement. The "City of Aspen Standard Terms and Conditions for Professional Services," Article 5, accurately describes both your, and our, expectations for reimbursable expenses. It is clear to us that both The City of Aspen and Durrant intended to allow reimbursable expenses. We do not think our agreement needs to be amended in this regard. I assure you, Tim, we will endeavor to minimize these reimbursable expenses because they subtract from the overall project construction budget. The Project reimbursable expenses will be invoiced at 1.10 times our actual cost. Please call us if you have any questions or comments about the Planning and Permitting proposal, the role of Hagman Architects or reimbursable expenses. Sincerely, DURRANT ARCHITECTS, INC. William A. Baker, AIA, N.C.A.R.B. President cc: Tim Hagman, Hagman Architects John Passas, Durrant Sports Victor Davies, Victor Davies Architects Phil Dinsmore, Durrant Architects Arizona Mark Baker, Durrant Architects Intermountain City of Aspen Standard Terms and Conditions -Architectural Services The City of Aspen City .of Aspen STANDARD TERMS AND CONDITIONS FOR PROFESSIONAL ARCHITECTURAL SERVICES AGREEMENTS (Version AGC-981) AGC-981 Pa~e 1 City of Aspen Standard Terms and Conditions -Architectural Services CITY OF ASPEN, COLORADO STANDARD TERMS AND CONDITIONS FOR PROFESSIONAL ARCHITECTURAL SERVICES AGREEMENT (Version AGC-981) INTRODUCT ION These standard terms and conditions have been prepared by the City of Aspen to be incorporated by reference into Agreements entered into between the City of Aspen and architects or professional architectural firms for professional architectural services. The provisions herein are interrelated with other standard contract documents customarily used by the City of Aspen and a change in one may necessitate a change in others. Whenever a conflict exists in the terms and conditions Of this document and the Agreement, the terms and conditions set forth in the Agreement shall take precedence. ARTICLE 1 ARCHITECT'S SERVICES AND RESPONSIBILITIES 1.1. GENERAL 1.1.1. The Architect shall perform the services undertaken according to the Agreement with the City. The part of the project for which Architect is to provide services pursuant to the Agreement with the City is hereinafter called This Part of the Project. 1.1.2. The Architect shall designate, when necessary, a representative authorized to act in the Architect's behaffwith respect to This Part of the Project. 1.1.3. The Architect's services shall be performed in character, sequence and timing so that they will be coordinated with those of the City and all other consultants for the Project. 1.1.4 The Architect shall recommend to the City the obtaining of such investigations, surveys, tests, analyses and reports as may be necessary for the proper execution of the Architect's services. 1.1.5 The Architect shall provide progress copies of drawings, reports, specifications and other necessary information to the City and other consultants. All aspects of the Work AGC-981 Pa~e 2 City of Aspen Standard Terms and Conditions -Architectural Services designed by the Architect shall be coordinated by the Architect, and the Architect shall also become familiar with the Work designed by the City and other consultants as necessary for the proper coordination of the Project. 1.1.6 The Architect shall cooperate with the City in determining the proper share of the construction budget to be allocated to This Part of the Project. 1.2 BASIC SERVICES The Scope of Work document shall set forth the Basic Services which the Architect has agreed to perform. The Scope of Work may consist of one or more of the following phases. The terms and conditions set forth below apply to those phases which have been made a part of the Scope of Services. SCHEMA TIC DESIGN PHASE 1.2.1 The Architect shall ascertain the requirements for This Part of the Project and shall confirm such requirements with the City. 1.2.2 The Architect shall review alternative systems with the City, attend necessary conferences, prepare necessary analyses, drawings and other documents, be available for general consultation, and make recommendations regarding basic systems for This Part of the Project. When necessary, the Architect shall consult with public agencies and other organizations concerning utility services and requirements. 1.2.3 The Architect shall prepare and submit to the City a Statement of Probable Construction Cost of This Part of the Project based on current area, volume or other unit costs, as directed by the City. DESIGN DEVELOPMENT PHASE 1.2.4 When authorized by the City, the Architect shall prepare from the Schematic Design Studies approved by the City the Design Development Documents. These shall consist of drawings and other documents to fix and describe This Part of the Project, including materials, equipment, component systems and types of construction as may be appropriate, all of which are to be approved by the City. 1.2.5 The Architect shall submit to the City a further Statement of Probable Construction Cost of This Part of the Project AGC-981 Pa~e 3 City of Aspen Standard Terms and Conditions -Architectural Services CONSTRUCTION DOCUMENTS PHASE 1.2.6 When authorized by the City, the Architect shall prepare from the Design Devdopment Documents drawings.and specifications setting forth in detail the requirements for the constrUction of This Part of the Project, all of which are to be approved by the City. The Architect shah prepare the Drawings and Specifications in such format as the City may reasonably require. 1.2.7 The Architect shall advise the City of any adjustments to previous Statements of Probable Construction Cost of This Part of the Project indicated by changes in requirements or general market conditions. 1.2.8 The Architect shah assist the City as necessary in connection with the responsibility for filing the documents concerning This Part of the Project required for the approval of governmental authorities having jurisdiction over the Project. BIDDING OR NEGOTIATION PHASE 1.2.9 If required by the City, the Architect shall assist the City's project engineer in obtaining and evaluating bids or negotiated proposals, and in awarding and preparing contracts for construction. CONSTRUCTION PHASE - ADMINISTRATION OF THE CONSTRUCTION CONTRACT 1.2.10 The Construction Phase will commence with the award of the Contract for Construction and together with the Architect's obligation to provide Basic Services under this Agreement, will terminate when final payment to the Contractor is due or, in the absence of a final Certificate for Payment or of such due date, sixty days after the date of Substantial Completion of the Work, whichever occurs first. 1.2.11 Unless otherwise provided in this Agreement and incorporated in the Contract Documents, the Architect shall assist the City in the Administration of the Contract for Construction with respect to This Part of the Project, as set forth below and in General Conditions of the Contract for Construction. 1.2.12 The Architect shall visit the site at intervals appropriate to the stage of construction for This Part of the Project or as otherwise agreed with the City in writing, to become familiar with the progress and quality of the Work for This Part of the Project and to determine if such Work is proceeding in accordance with the Contract Documents. The Architect shall keep the City informed of the progress and quality of the Work for This Part AGC-981 Pa~e 4 City of Aspen Standard Terms and Conditions -Architectural Services of the Project and shall guard the City against defects and deficiencies in such Work of the Contractor. 1.2.13 The Architect shall at all times have access to the Work for This Part of the Project wherever it is in preparation or progress. 1.2.14 The Architect, based on observations at the site and on evaluations of the Contractor's Applications for Payment, shall assist the City in determining the amounts owing to the Contractor for This Part of the Project and shall certify such amounts to the City. Such certification shall be in writing if requested. 1.2.15 Certification by the Architect to the City of an amount owing to the Contractor shall constitute a representation by the Architect to the City that, based on the Architect's observations at the site as provided in Subparagraph 1.2.12 and the data comprising the Contractor's Application for Payment, the Work for This Part of the Project has progressed to the point indicated; that in the Architect's professional opinion, the quality of such Work is in accordance with the Contract Documents (subject to an evaluation of such Work for conformance with the Contract Documents upon Substantial Completion, to the results of any subsequent tests required by or performed under the Contract Documents, to minor deviations from the Contract Documents correctable prior to completion, and to any specific qualifications stated by the Architect); and that the Contractor is entitled to payment in the amount certified. 1.2.16 Upon written request of the City, the Architect shall furnish to the City, with reasonable promptness, written interpretations of the Contract Documents prepared by the Architect, if, in the opinion of the City, such interpretations are necessary for the proper execution or progress of the Work. 1.2.17 The Architect shall render written recommendations, within a reasonable time, on all claims, disputes and other matters in question between the City and the Contractor relating to the execution or progress of This Part of the Project or the interpretation of the Contract Documents. 1.2.18 The Architect shall assist the City in determining whether the City shall reject Work for This Part of the Project which does not conform to the Contract Documents or whether special inspection or testing is required. 1.2.19 The Architect shall review and approve, or take other appropriate action upon, and forward to the City for final disposition the Contractor's submittals such as Shop Drawings, Product Data and Samples with respect to This Part of the Project; but only for conformance AGC-981 Pag~ 5 _Cit~ of Aspen Standard Terms and Conditions-Architectural Services with the design concept of the Work and with the information given in the Contract Documents. Such action shall be taken with reasonable prompmess so as to cause no delay. The Architect's approval of a specific item shall not indicate approval of an assembly of which the item is a component. 1.2.20 The Architect shall assist the City in preparing Change Orders for This Part of the Project for the City's approval and execution in accordance with the Contract Documents. The Architect shall recommend to the City minor changes in the Work not involving an adjustment in the Contract Sum or an extension of the Contract Time which are not inconsistent with the intent of the Contract Documents. 1.2.21 The Architect shall assist the City in conducting inspections, with respect to This Part of the Project, to determine the dates of Substantial Completion and final completion, and shall review and approve, or take other appropriate a. ction on, the Contractor's list of items to be completed or corrected and shall forward the list to the City for final disposition. The Architect shall assist the City in receiving and forwarding for review written warranties and related documents required by the Contract Documents and assembled by the Contractor with respect to This Part of the Project. The Architect shall issue to the City a final certificate in writing with respect to final payment for This Part of the Project. 1.2.22 If at any time during This Part of the Project the Architect determines that it is necessary to provide more extensive representation at the site for the Architect to fulfill the Architect's responsibilities at the site as described hereinabove, the Architect shall provide one or more Project Representatives, as necessary, to assist the Architect. Such Project Representatives shall be selected, employed and directed by the Architect. 1.3 ADDITIONAL SERVICES The following Services are not included in Basic Services unless specifically included in the Scope of Work. They shall, however, be provided if requested in writing by the City, and they shall be paid for by the City as provided in the Agreement, in addition to the compensation for Basic Services. 1.3.1 Providing financial feasibility or other special studies. 1.3.2 Providing planning surveys, site evaluations, environmental studies or comparative studies of prospective sites, and preparing special surveys, studies and submissions required for approvals of governmental authorities or others having jurisdiction over the Project. 1.3.3 Providing services relative to future facilities, systems and equipment which are not AGC-981 Page 6 City of Aspen Standard Terms and Conditions -Architectural Services intended to be constructed during the construction Phase. 1.3.4 Providing services to investigate existing conditions or facilities, or to make measured drawings thereof, or to verify the accuracy of drawings or other information related thereto. 1.3.5 Preparing documents for alternate, separate or sequential bids, or providing extra services in connection with bidding, negotiation or construction prior to the completion of the Construction Documents Phase, when requested by the City. 1.3.6 Providing coordination of work performed by separate contractors or by the City's own forces. 1.3.7 Providing services in connection with the work of a construction manager or separate consultants retained by the City. 1.3.8 Providing Detailed Estimates of Construction Cost, analyses of owning and operating costs, or detailed quantity surveys or inventories of material, equipment and labor. 1.3.9 Providing engineering services or special consultants related to interior design services and other similar services required for, or in connection with, the selection, procurement or installation of furniture, furnishings and related equipment. 1.3.10 Providing services for planning tenant or rental spaces. 1.3.11 Making revisions in Drawings, Specifications or other documents when such revisions are inconsistent with written approvals or instructions previously given, are required by the enactment or revision of codes, laws or regulations subsequent to the preparation of such documents, or are due to other causes not solely within the control of the Architect. 1.3.12 Preparing Drawings, Specifications and supporting data, and providing other services in connection with Change Orders to the extent that the adjustment in the Basic Compensation resulting from the adjusted Construction Cost is not commensurate with the services required of the Architect, provided such Change Orders are required by causes not solely within the control of the Architect. 1.3.13 Making investigations, surveys, valuations, inventories or detailed appraisals of existing facilities, and providing services required in connection with construction performed by the City. 1.3.14 Providing consultation concerning replacement of any Work damaged by fire or AGC~981 Pa~e 7 City of Aspen Standard Terms and Conditions-Archltectural Services other cause during construction, and furnishing services as may be required in connection with the replacement of such Work. 1.3.15 Providing services made necessary by the default of the Contractor, or by major defects or deficiencies in the Work of the Contractor, or by failure of performance of either the City or the Contractor under the Contract for Construction. 1.3.16 Preparing a set of reproducible record drawings showing significant changes in the Work made during construction, based on marked-up prints, drawings and other data furnished by the Contractor to the City. 1.3.17 Providing extensive assistance in the utilization of any equipment or system, such as initial start-up or testing, adjusting and balancing, preparation of operation and maintenance manuals, training personnel for operation and maintenance, and consultation during operation. 1.3.18 Providing services after issuance to the City of the final Certificate for Payment, or in the absence of a final Certificate for Payment, more than sixty days after the Date of Substantial Completion of the Work. 1.3.19 Preparing to serve or serving as an expert witness in connection with any public hearing, arbitration proceeding or legal proceeding. 1.3.20 Providing services of consultants for other than the normal engineering services for This Part of the Project. 1.3.21 Providing any other services not otherwise included in this Agreement or not customarily furnished in accordance with generally accepted engineering practice. ARTICLE 2 THE CITY'S RESPONSIBILITIES 2.1 The City shall, with reasonable promptness, provide all available information regarding the requirements for This Part of the Project. 2.2 The City shall designate, when necessary, a representative authorized to act in the City's behalf with respect to This Part of the Project. The City, or such authorized representative, shail examine documents submitted by the Architect and shall render decisions pertaining thereto promptly, to avoid unreasonable delay in the progress of the City of,aspen Standard Terms and Conditions-Axchitectural Services Architect's services. Architect's invoice shall be for the period ending the 25th day of each month. The invoice should be received by the City's Project Manager no later than the 1st of each month. 2.8 If the City observes or otherwise becomes aware of any fault or defect with respect to This Part of the Project. or nonconformance with the Contract Documents, prompt written notice thereof shall be given by the City to the Architect. 2.9 The City shall consult with the Architect before issuing interpretations or clarifications of the Architect's Drawings and Specifications and shall request the recommendation of the Architect before acting upon Shop Drawings, Product Data, Samples or other submissions of the Contractor, or upon Change Orders affecting This Part of the Project. 2.11 The City shall advise the Architect of the identity of other consultants participating in the Project and the scope of their services. 2.12 The City shall review the Architect's work for compliance with the City's program and for overall coordination with the ClOd's and other engineering requirements. ARTICLE 3 CONSTRUCTION COST 3.1 The Construction Cost of the Project shall be the total cost or estimated cost to the City of all elements of the Project designed or specified by the City or the City's consultants. The Construction Cost of This Part of the Project shall be the total cost or estimated cost to the City of all elements of the Project designed or specified by the Architect. 3.2 The Construction Cost of the Project or of This Part of the Project shall include at current market rates, including a reasonable allowance for overhead and profit, the cost of labor and materials furnished by the City and any equipment which has been designed, specified, selected or specially provided for by the City and, the City's consultants. 3.3 Construction Cost does not include the compensation of the City's consultants, the cost of the land, rights-of-way, or other costs which are the responsibility of the City as provided in Article 2. 3.4 Evaluations of the City's Project budget, Statements of Probable Construction Cost and Detailed Estimates of Construction Cost, if any, prepared by the Architect, represent the AGC-981 Page 9 City of Aspen Standard Terms and Conditions -Architectural Services Architect's best judgment as a design professional familiar with the construction industry. 3.5 If a fLxed limit of Construction Cost has been established, the City and the Architect shall establish, if practicable, a fixed limit of Construction Cost for This Part of the Project. If such a fixed limit is established, the Architect, after consultation with the City, shall be permitted to include contingencies for design, bidding and price escalation, to determine what materials, equipment, component systems and types of construction are to be included in the Contract Documents with respect to This Part of the Project, and to make reasonable adjustments in the scope of This Part of the Project to bring it within the fLxed limit. If required,/he Architect shall assist the City in including in the Contract Documents alternate bids to adjust the Construction Cost to the fLxed limit. Any such fLxed limit shall be increased in the amount of any increase in the Contract Sum related to This Part of the Project occurring after execution of the Contract for Construction. 3.5.1 If the Bidding or Negotiation Phase for This Part of the Project has not commenced within three months after the City receives the Construction Documents any Project budget or fLxed limit of Construction Cost for This Part of the Project established as a condition of this Agreement shall be adjusted to reflect any change in the general level of prices in the construction industry between the date of submission of the'Construction Documents to the City and the date on which bids or proposals are sought. 3.5.2 If a Project budget or f'Lxed limit of Construction Cost for This Part of the Project (adjusted as provided in Subparagraph 3.5.1) is exceeded by the lowest bona fide bid or negotiated proposal, the City may require the Architect without additional charge, to modify the Architect's Drawings and Specifications for This Part of the Project as necessary, to bring the Construction Cost thereof within such fixed limit for This Part of the Project. If it was not practicable to establish a fLxed limit of Construction Cost for This Part of the Project. and if the lowest bona fide bid or negotiated proposal, the Detailed Estimate of Construction Cost or the Statement of Probable Construction Cost established for the entWe Project 0ncluding the bidding contingency) exceeds the fLxed limit of Construction Cost of the entire Project, the City may require that the Drawings and Specifications prepared by the Architect be modified without additional compensation as necessary to make them bear a reasonable portion of the burden of reducing the Construction Cost of This Part of the Project so that the fLxed limit of Construction Cost for the entire Project is not exceeded. The providing of such service shall be the limit of the Architect's responsibility in this regard, and having done so the Architect shall be entitled to compensation for all services performed in accordance with this Agreement. ARTICLE 4 City of Aspen Standard Terms and Conditions -Architectural Services DIRECT PERSONNEL EXPENSE 4.1 Direct Personnel Expense is defined as the direct salaries of all the Architect's personnel engaged on the Project, and the portion of the cost of their mandatory and customary contributions and benefits related thereto, such as employment taxes and other statutory employee benefits, insurance, sick leave, holidays, vacations, pensions, and similar contributions and benefits. ARTICLE 5 REIMBURSABLE EXPENSES 5.1 Reimbursable Expenses are in addition to compensation for Basic and Additional Services and include actual expenditures made by the Architect and the Architect's employees and consultants in the interest of the Project (to the extent they are reimbursable by the City for the expenses listed in the following Subparagraphs; provided that Architect shall not be reimbursed for expenses unless prior written approval therefore has been obtained from City. 5.1.1 Expense of transportation in connection with the Project; living expenses in connection with out-of-town travel; long distance communications; and fees paid for securing approvals of authorities having jurisdiction over the Project. 5.1.2 Expense of reproductions, postage and handling of Drawings, Specifications and other documents, excluding reproductions for the office use of the Architect, the City and the City's consultants. 5.1.3 Expense of data processing and photographic production techniques when used in connection with Additional Services. 5.1.4 If authorized in advance by the City, expense of overtime work requiring higher than regular rates. 5.1.5 Expense of renderings, models and mock-ups requested by the City. ARTICLE 6 PAYMENTS TO THE ARCHITECT 6.1 PAYMENTS ON ACCOUNT OF SERVICES City of Aspen Standard Terms and Conditions -Architectural Services 6.1.1 Payments for Basic Services, Additional Services and Reimbursable Expenses shall be made on the basis set forth in the Agreement. 6.1.2 The City shall disclose to the Architect, prior to the execution of this Agreement, any contingent or other special provisions relative to compensation. 6.1.3 The Architect shall submit, in timely fashion, invoices for Basic Services, Additional Services and Reimbursable Expenses. The City shall review such invoices and, if they are considered incorrect or untimely, the City shah review the matter with the Architect and confirm, in writing to the Architect within ten days from receipt of the Architect's billing, the City's understanding of the disposition of the issue. 6.1.4 If and m the extent that the Contract Time initially established in the Contract for Construction is exceeded or extended through no fault of the Architect, compensation for any Basic Services required for such extended period of Administration of the Construction Contract shall be computed as set forth in the Agreement. ARTICLE 7 ARCHITECT'S ACCOUNTING RECORDS 7.1 Records of Reimbursable Expenses and expenses pertaining to Additional Services and services performed on the basis of a Multiple of Direct Personnel Expense shall be kept on the basis of generally accepted accounting principles and shall be available to the City or the City's authorized representative at mutually convenient times. ARTICLE 8 OWNERSHIP AND USE OF DOCUMENTS 8.1 Except for reference and coordination purposes in connection with future additions or alterations to the Work. Drawings and Specifications prepared by the Architect in instruments of service are and shall be the property of the City whether the Project for which they are made is executed or not. The Architect shah be permitted to retain copies, including reproducible copies, of Drawings and Specifications for such information and reference. The Drawings and Specifications may be used by the City on other projects, or for completion of this Project by others. 8.2 The Architect shah maintain on file, and make available to the City, design calculations for This Part of the Project, and shall furnish copies thereof to the City on AGC-981 Pa~e 12 City of Aspen Standard Terms and Conditions -Architectural Services request. 8.3 Submission or distribution to meet official regulatory requirements, or for other purposes in connection with the Project. is not to be construed as publication in derogation of the City's or the Architect's rights. AGC-981 Page 13 TO: MAYOR & CITY COUNCIL THRU: STEVE BARWICK, CITY MANAGER JEFF WOODS, PARKS & RECREATION MANAGER FROM: TIM ANDERSON, RECREATION DIRECTOR DATE: . MARCH 20, 2000 RE: AMENDMENT TO ISELIN POOL/ICE CONTRACT Summary: Please find attached an amendment to the Iselin Pool/Ice design contract. This amendment identifies $32,007 for a planner to handle formal submission of the facility. A change in the wording of reimbursables since this was not part of the original submission by the design team. Finally, you will find a definition as to the role Hagman Architects to clarify their role in the design of the Iselin Pool/Ice facility. Staff and She Design Team felt that a planner will be needed to handle the formal submission of this plan. This formal submission of this plan will entail the site as well as the Pool/Ice facility. A Planner was not a part of the original contract agreement and Staff has negOtiated with the Design team to get the price to the amount identified above. The Plam~er will be a part of the Design Team's responsibilities under this contract. It will be the Design Team's responsibility to see that formal submission for project is completed in a timely manner. In addition, this amendment states that the Design Team will be compensated for reimbursables. This item was not identified in the Team's original submission as staff did not request it to be. Last, you will find definition as to the role that Hagman Architects will play in the design of this facility. Staff wanted this to be included in the Contract so there would be no confusion. We requested in all proposals that a local architectural firm be brought on board to ensure the esthetics of this facility to our valley. This amendment will ensure the role of Hagman Architects in the design of the Iselin Pool/Ice facility. Recommendation: Staff is recommending that Council approve the amendments as presented~ We feel this will strengthen the project and allow for the approval process ro move smoothly and more quickly. Manager's Comments: